INTRODUCTION

1. The Commission on Human Rights has been considering the
human rights situation in El Salvador since its thirty- seventh
session in 1981. In resolution 32 (XXXVIII) of 11 March 1981,
it requested its Chairman to appoint a special representative
of the Commission with a mandate to investigate the reports about
all kinds of grave violations of human rights in El Salvador and
to make appropriate recommendations. Mr. José Antonio Pastor
Ridruejo (Spain) was appointed the Commission's Special Representative,
and he submitted an annual report to the Commission from 1982
up until 1992, in addition to his annual reports to the General
Assembly.

2. On 3 March 1992 the Commission adopted resolution 1992/62,
in which it extended its thanks to the Special Representative
for his final report and requested the Secretary-General to appoint
an independent expert to discharge a new mandate, which consisted
initially in providing assistance in human rights matters to the
Government of El Salvador, considering the human rights situation
in that country and the effects of the Peace Agreements on the
effective enjoyment of human rights, and investigating the manner
in which both parties applied the recommendations contained in
the final report of the Special Representative and those made
by the United Nations Observer Mission in El Salvador (ONUSAL)
and the commissions established during the negotiating process.
He was instructed to report to the General Assembly and the Commission
on Human Rights. The Secretary-General appointed Mr. Pedro Nikken
(Venezuela) as Independent Expert.

3. The Independent Expert submitted his first report to the
General Assembly at its forty-seventh session (A/47/596, annex).
On 18 December 1992, the General Assembly adopted resolution 47/140,
in which it endorsed all the recommendations made by the Independent
Expert in his report. Likewise, the Independent Expert submitted
a report to the Commission on Human Rights at its forty-ninth
session (E/CN.4/1993/11), and on 10 March 1993 the Commission
adopted resolution 1993/93, in which it endorsed all the recommendations
made by the Independent Expert and decided to request the Secretary-General
to extend for one year the mandate of the Independent Expert to
report on human rights developments in El Salvador, providing
the assistance required by the Government in this field.

4. The Independent Expert submitted a further report to the
Commission (E/CN.4/1994/11) at its fiftieth session, and on 4
March 1994 the Commission adopted resolution 1994/62, in which
it decided to extend the mandate of the Independent Expert for
one year, for the purpose of providing advisory services to El
Salvador and reporting on developments in human rights in El Salvador
to the Commission at its fifty-first session under the agenda
item "Advisory services in the field of human rights",
and requested the Secretary-General to provide the Government
of El Salvador with any advisory services it might request, through
the Centre for Human Rights.

5. Pursuant to the Commission's mandate, the Independent Expert
visited the country twice, from 4 to 10 September and from 27
to 30 November 1994, and made two visits for consultations in
Geneva and New York from 10 to 16 July and from 8 to 10 August
1994 respectively.

6. During his visits to El Salvador, the Independent Expert
held consultations with the President of the Republic, the President
of the Legislative Assembly, the President of the Supreme Court
of Justice, the Minister for Foreign Affairs and other high-level
government officials, and also the head of ONUSAL and Special
Representative of the Secretary-General, and the Director of the
ONUSAL Human Rights Division, Mr. Reed Brody, pursuant to his
mandate to provide advisory services to El Salvador. He also heard
various proposals by non-governmental human rights organizations,
with which he met, as he had been accustomed to do on previous
missions, under the auspices of the Legal Support Office of the
Archdiocese.

7. During his first visit to El Salvador, the Government, through
the Ministry of Foreign Affairs, handed to the Independent Expert
a document entitled "Proposal by the Government of El Salvador,
advisory services in the field of human rights, submitted to the
Independent Expert for El Salvador, Mr. Pedro Nikken, September
1994" outlining the technical assistance needs of the various
national human rights institutions.

8. With the assistance of the Independent Expert, the Centre
for Human Rights prepared a framework programme on technical cooperation
and advisory services in the field of human rights, which the
Expert submitted to the Government of El Salvador during his second
visit to the country from 27 to 30 November 1994. The proposal
of the Government of El Salvador served as the primary basis for
that programme. Account was also taken of: the Independent Expert's
recommendations as contained in his previous reports; consultations
with, and periodic reports of, the ONUSAL Human Rights Division;
the Independent Expert's consultations with the United Nations
High Commissioner for Human Rights, the Assistant Secretary-General
for Human Rights and senior officials in the United Nations Centre
for Human Rights; and the consultations he held during his mission
to El Salvador from 4 to 10 September 1994.

9. Since 16 September 1991, the Director of the ONUSAL Human
Rights Division has submitted 12 reports on the human rights situation
in El Salvador. The specific mandate of the ONUSAL Human Rights
Division is to verify compliance with the Agreement on Human Rights
signed by the Government of El Salvador and the Frente Farabundo
Martí para la Liberación Nacional (FMLN) in San
José, Costa Rica, on 26 July 1990.
10. In his report to the Security Council on ONUSAL (S/1994/1000)
dated 26 August 1994, the Secretary-General gave a detailed account
of the current state of implementation of outstanding commitments
under the Peace Agreements. He pointed out that the last phase
of the Mission would emphasize institution-strengthening and stated
that some of the experts currently with ONUSAL might be retained
after the closing of the Mission in the framework of a broad programme
of technical assistance to the relevant national institutions
(para. 54).

11. The political will of the Government and the FMLN fully
to comply with the Peace Agreements was recently expressed in
the Joint Declaration made by both parties on 4 October 1994 (S/1994/1144,
annex), in which they resolved to "cooperate closely and
actively to ensure full compliance with all the Peace Accords,
both those pending and those being carried out, by no later than
30 April 1995".

12. On 31 October 1994, pursuant to paragraph 14 of Security
Council resolution 920 (1994), the Secretary-General submitted
a report (S/1994/1212) on ONUSAL, including on the fulfilment
and completion of its mandate and on modalities for its progressive
withdrawal. In the report, the Secretary-General made an overall
assessment of the process in its political, institutional and
socio-economic dimensions, and evaluated the effort required to
build a solid basis that would ensure, as far as possible, its
irreversibility. In this respect, the agreements on the establishment,
reform or strengthening of the institutions responsible for protecting
and monitoring human rights, as the withdrawal of ONUSAL draws
near, are commitments which must be honoured urgently. The Secretary-General
indicated that the delay in implementation of some outstanding
commitments had been partly due to lack of organization and expertise,
but also, in some cases, to lack of financing. Likewise, in view
of the political will of the parties and the commitment by the
United Nations to the Salvadorian people as regards verification
of compliance with the Peace Agreements, in the same report the
Secretary-General recommended to the Security Council the extension
of ONUSAL until 30 April 1995, by which date that part of its
functions which required military and police personnel will have
been completed. In addition, to contribute to long-term political
and social stability in El Salvador, he informed the Security
Council that, before the Mission's termination, he would present
it with his thoughts on mechanisms for the United Nations to provide
technical assistance in the fields of human rights, the Judiciary,
the electoral system and reintegration, especially land transfers.
He reiterated that "... the termination of ONUSAL should
not mark the end of United Nations efforts to consolidate peace
in El Salvador" (para. 30).

13. On 23 November 1994, the Security Council adopted resolution
961 (1994), in which, noting the request of the Government of
El Salvador and the FMLN for a further extension of the mandate
of ONUSAL and concerned at delays in implementing several important
elements of the Peace Accords and several recommendations of the
Commission on the Truth, it approved the recommendations by the
Secretary-General in his report of 31 October 1994 and, in particular,
decided to extend the mandate of ONUSAL for one final period until
30 April 1995. It also invited the Secretary-General, in consultation
with competent specialized agencies, regional organizations and
Member States, to prepare modalities for further assistance to
El Salvador, within the framework of the Peace Accords, for the
period after 30 April 1995.

14. The Independent Expert has prepared this report in compliance
with his mandate, as contained in Commission resolution 1994/62.

I. OVERALL POLITICAL SITUATION

15. The peace process has continued its course. The cessation
of hostilities on 1 January 1992 brought to an end the armed confrontation
that had afflicted the country during the previous decades, and
particularly the civil war of the 1980s. The Independent Expert
has already discussed in some detail the chronology and content
of the Agreements in his preceding reports (see E/CN.4/1993/11,
paras. 23-31). In short, they were the following: (i) the Geneva
Agreement of 4 April 1990 established the format and methodology
of the negotiations; (ii) the Caracas Agenda of 21 May 1990 scheduled
the phases and the topics for the negotiations; (iii) the San
José Agreement of 26 July 1990, which contained specific
undertakings in connection with the observance and safeguarding
of human rights; (iv) the Mexico Agreements of 27 April 1991,
which comprised important constitutional reforms, promptly ratified
by the Legislative Assembly, as well as other political agreements,
more particularly the establishment of the Commission on the Truth;
(v) the New York Agreement of 25 September 1991, which established
a new format for speeding up the process and created the National
Commission for the Consolidation of Peace (COPAZ) as "a mechanism
for the monitoring and the participation of civilian society in
the process of changes resulting from the negotiations";
(vi) the New York Act of 31 December 1991, whereby the parties
declared that they had reached final agreements bringing to an
end the negotiations on all the substantive items under discussion;
(vii) the Chapultepec Peace Agreement of 16 January 1992, which
formalized the completion of the peace negotiations and was signed
by the Negotiating Commission of the Government, the FMLN General
Command and the Secretary-General of the United Nations, and was
also initialled by President Cristiani. It is a complex lengthy
agreement containing nine chapters: I. Armed Forces; II. National
Civil Police; III. Judicial system; IV. Electoral system; V. Economic
and social questions; VI. Political participation by the FMLN;
VII. Cessation of the armed conflict; VIII. United Nations verification;
and IX. Implementation timetable.

16. The Peace Agreements achieved in this context were not
confined to solving military questions, but built a substantial
programme of reforms intended to tackle some of the deep-lying
causes of the conflict, to safeguard respect for human rights
and to promote the democratization of the country.

Steps have been taken to fulfil this complex set of agreements,
with difficulty at times but steadily and gradually. For several
issues it has been necessary to conclude supplementary agreements,
often for the purpose of rearranging the implementation timetable,
which for various reasons it has not been possible to adhere to
in some respects. In this connection, the serious delay in implementing
the agreements on land transfer is especially disturbing. However,
the balance-sheet is generally positive and has been producing
concrete results, several of which will be mentioned later in
this report. As the Secretary-General stated in his report to
the Security Council of 26 August 1994, "The conditions necessary
to ensure the full and final implementation of the peace accords
seem to be in place, although difficulties in carrying out outstanding
obligations should not be underestimated." (S/1994/1000,
para. 58.)

17. On 20 March 1994, the first general election since the
end of the armed conflict was held. The preparatory process of
updating electoral registers encountered some difficulties, which,
although they caused some uneasiness, did not prevent the results
of the election from being universally accepted. The presidential
election was won by Mr. Armando Calderón Sol, the candidate
of the governing Nationalist Republican Alliance (ARENA) party.
In the first round Mr. Calderón Sol won nearly 50 per cent
of the votes cast but did not actually achieve that figure, and
so it was necessary to hold a second round of voting between the
two candidates who had received the most votes, Mr. Calderón
and Mr. Rubén Zamora, the candidate of a left-wing coalition
headed by the FMLN and Convergencia Democrática. The legislative
election was also won by ARENA, which did not, however, gain an
absolute majority in the Legislative Assembly. The FMLN emerged
as the second strongest group in Parliament, followed by the Christian
Democrat Party (PDC) and the National Conciliation Party (PCN).
The pluralist system of popular representation in the Assembly
and the fact that several important decisions within its competence
are subject to approval by a qualified two-thirds majority is
indicative of a favourable atmosphere for negotiations and agreements
that will be beneficial for democratic coexistence and institution-strengthening.

18. Particular mention should be made of the strengthening
of the FMLN as a political party and its participation in the
elections, in which it received a considerable proportion of the
vote, becoming a significant group in Parliament and in local
government. All this constitutes reliable evidence of the achievement
of one of the objectives specifically mentioned in the Geneva
Agreement of 4 April 1991, which was "... reintegrating the
members of FMLN, within a framework of full legality, into the
civil, institutional and political life of the country".
It also represents a landmark in the process of attaining other
objectives laid down in the Agreement, such as promoting the democratization
of the country and reunifying Salvadorian families.

19. The domestic political scene has been characterized by
realignments and regroupings of the various party tendencies.
The FMLN has been undergoing a serious internal crisis, which
became more acute when its votes were divided in the election
of officers of the Legislative Assembly. According to announcements
by FMLN spokesmen, the party is to be formally divided in early
December, when at least one of the five founding groups will separate
from it. The PDC has also split, at least as regards its parliamentary
representation. ARENA has not experienced a split, but a new movement
has emerged which considers itself to be to the right of the Government
and has been the Government's strongest critic during the first
months of this Administration's term in office. The Independent
Expert considers such realignments to be natural and beneficial
within the current transition in El Salvador. The country is emerging
from a polarized society, where alliances and groupings were a
direct result of that polarization and frequently owed more to
identification of a common enemy than to a shared policy. The
current trend towards a more open and democratic society fosters
other factors, linked much more to shared ideas, interests and
policies, as unifying forces.

20. The events described above hold great historical significance
inasmuch as they are tangible signs that democratic ground rules
have come into play; they are an obvious reflection, in several
respects, of the will of all Salvadorians to settle their differences
within the framework of democratic standards.

21. On 29 April 1994, the Legislative Assembly, in accordance
with article 248 of the Constitution, agreed on new reforms to
the Constitution; these are now subject to ratification, by a
two-thirds vote of the elected deputies, by the Legislative Assembly
that took office on 1 May. The preliminary draft reforms originally
prepared by the Ministry of Justice contained a number of proposals
in conformity with recommendations made by various bodies involved
in the peace process. Unfortunately, many of them were ultimately
rejected, and in some cases it is doubtful whether the reforms
adopted represented tangible progress.

22. Although the institutional progress made is tangible, the
overall picture raises a number of questions about the immediate
future. The above-mentioned political realignments represent a
response to a dynamic whose end result is still uncertain. ONUSAL,
which has been vigorous in its verification of compliance with
the Peace Agreements, especially with regard to due observance
and guarantees of human rights, is coming to the end of its mandate.
The national institutions which would appear to be ONUSAL's natural
successors in performing the functions it has undertaken since
the cessation of the armed conflict do not seem to be sufficiently
mature for all aspects of that task. Consequently, in various
sectors of society, including those which realize the extent of
the progress achieved, concern and uncertainty also exist about
the momentum of the political process once ONUSAL has terminated
its activities in El Salvador. At the same time, the active presence
of the United Nations has been both a confidence-builder for those
who might feel threatened by reintegration into civilian life
after having taken sides during the armed conflict, and a deterrent
to opponents of the peace process who would be prepared to perpetrate
rash acts in order to sabotage it. In that context, it is only
natural that the termination of ONUSAL should be a source of concern.

II. CONSIDERATION OF DEVELOPMENTS IN THE HUMAN RIGHTS
SITUATION

A. General consideration of the subject

23. As stated in the Independent Expert's most recent report
to the Commission on Human Rights, human rights have had a place
in the antechamber of war and of peace in El Salvador's recent
history. Even though very grave violations of human dignity were
committed at the beginning and during the armed conflict, one
of the most solid and durable foundation stones of the negotiated
settlement of that conflict has been the commitment to put an
end to those violations and to build the institutions of a modern
democracy which would serve to promote, protect and guarantee
human rights. In the Peace Agreements as a whole, ways and means
of various kinds are established to ensure effective observance
of human rights and to provide the State with suitable tools to
fulfil effectively its duties to the population and to the international
community in this area. The implementation of these Agreements
should have a favourable impact on the effective enjoyment of
human rights. In his earlier reports to the General Assembly and
to the Commission, the Independent Expert discussed in detail
the substance and scope of the Agreements and would refer to them
in matters relating to general consideration of the subject.

24. Chapter III of this report reviews the progress made by
various national institutions concerned with the realization and
protection of human rights in El Salvador. These institutions
have already begun to play their proper roles. As the ONUSAL Human
Rights Division states in its twelfth report, "Although this
process is incomplete, it is advancing in the right direction."
The Independent Expert is confident that the relationship of cooperation
upon which El Salvador and the Centre for Human Rights have embarked
and which constitutes the framework of his mandate will help to
speed up and further consolidate this progress.

25. Against a general background of positive developments in
the human rights situation in El Salvador, various manifestations
of violence in society have not been eradicated. While in many
cases such acts are committed by common criminals, they have sometimes
taken the form or appearance of selective social or political
violence. There are no grounds for concluding that the public
authorities participate or act as accessories in these incidents,
but this does not rule out the intervention of individual State
officials. What does give cause for concern, however, is the failure
of efforts made, in the great majority of cases, to identify the
culprits and bring the statutory penalties to bear on them. In
this connection, the results of the work of the so-called "Joint
Group", which are mentioned below (see paras. 33-37), are
noteworthy.

26. Pending implementation are a number of recommendations,
including various legislative reforms, made by the ONUSAL Human
Rights Division, the Commission on the Truth and the Independent
Expert himself. The latter also hopes that the relationship of
cooperation begun between El Salvador and the Centre for Human
Rights will facilitate the implementation of those recommendations
through appropriate mechanisms.

27. Also pending is accession to or ratification of a number
of international human rights instruments, including the Optional
Protocol to the International Covenant on Civil and Political
Rights, and the Additional Protocol to the Inter-American Convention
on Human Rights in the area of economic, social and cultural rights
("Protocol of San Salvador"). Furthermore, the jurisdiction
of the Inter-American Court of Human Rights has not been accepted.

28. The Independent Expert has received complaints from non-governmental
organizations about continuing cases of human rights violations
in El Salvador. Most of them are known to ONUSAL, for which reason
this report will, in general terms, confine itself to the reports
transmitted to the Secretary-General by the Director of the ONUSAL
Human Rights Division. The conclusions in those reports are summed
up below, particular attention being paid to the fact that the
Independent Expert is required to discharge his mandate "in
close cooperation" with the Division.

B. Right to life

29. In his eleventh report, the Director of the ONUSAL Human
Rights Division said that the number of complaints received during
that period about violations of the right to life had declined
in relation to previous periods and stressed that the electoral
period might have been responsible for the increase in politically-motivated
violations or complaints. With respect to death threats, the report
stated that, even though such threats had actually led to physical
attempts on the life of the victim in only a few cases, they were
nevertheless acts which clearly demonstrated that recourse to
politically-motivated violence was still a reality in El Salvador
and that it constituted a serious obstacle to the consolidation
of the democratic political system outlined in the Peace Agreements
(eleventh report of the ONUSAL Human Rights Division, 1 March
to 30 June 1994).

30. In his twelfth report, the Director of the ONUSAL Human
Rights Division noted a gradual decrease in the number of complaints
and stated that no politically-motivated violations of the right
to life had been recorded during the previous few months (twelfth
report of the Director of the ONUSAL Human Rights Division, July
to September 1994).

31. As mentioned before, non-governmental organizations reported
to the Independent Expert numerous cases of attempts against the
lives of persons which could be traced directly or indirectly
to the State apparatus. The Independent Experts is concerned that,
in several such cases, the perpetrators were members of the National
Civil Police. In its twelfth report, the ONUSAL Human Rights Division
noted eight reports of arbitrary executions attributed to the
PNC (three of which had been fully substantiated, while five are
still being investigated) and one complaint of death threats,
which had been fully substantiated. The report stated "that
the arbitrary executions mentioned here do not reflect a deliberate
response on the part of the officers involved and still less a
systematic policy of police activity. It has been found that such
cases entail a disproportionate use of firearms on the part of
police officers and a tendency to obstruct subsequent investigations".
These incidents certainly give cause for concern and require early
corrective action by the senior officials responsible for public
security.

32. During his second visit to the country, the Independent
Expert received several reports concerning the assassination of
Mr. David Faustino Merino, a FMLN/FPL leader, member of the Central
Committee of the FPL and the official in charge of matters relating
to land transfers in the department of Usulután. Some reports
indicate that the act was carried out by illegal armed groups.
Both the Deputy Minister for Public Security and the Director
of the ONUSAL Human Rights Division informed the Independent Expert
that investigations were under way and that various hypotheses
were being considered.

33. As indicated in the previous report (E/CN.4/1994/11, para.
57), on 8 December 1993, the Joint Group for the Investigation
of Illegal Armed Groups was officially set up, further to an initiative
by the Secretary-General, with the support of the Security Council.
The Joint Group submitted its report on 28 July 1994.

34. Even though the Joint Group stated that it was unable to
present any "categorical conclusions", it did gather
"sufficient evidence pointing beyond a reasonable doubt to
the action of groups and persons who continue at present to choose
the path of violence for achieving political results". It
also concluded that the so-called "death squads", with
the characteristics they had in the 1980s, represented a phenomenon
different from the politically-motivated violence existing at
present in El Salvador. In that regard, the investigation concluded
"that the phenomenon of political violence has at present
its own characteristics, which can be identified, notwithstanding
all the complexity of the subject ... there exist solid grounds
for asserting that the broad network of organized crime that flails
the country, in which, the evidence shows, there is active participation
of members of the armed forces of El Salvador and the National
Police, cannot be divorced from many acts of politically-motivated
violence ... What is apparently taking place is a shift toward
more decentralized structures geared primarily to common crime
and exhibiting a high degree of organization. Nevertheless, those
same structures no doubt maintain intact their ability to assume,
when circumstances require, the role of perpetrators of politically-motivated
criminal acts". To this may be added another phenomenon,
namely, "the fragmentation of earlier structures. Locally,
one can see signs of the action of groups that pursue political
objectives, using violent means for that purpose. Such groups
tend to be closely connected with acts of common crime and are
characterized by a high degree of organization, logistics and
the support, in certain cases, of State agents". In that
connection, the Joint Group also concluded that, despite the great
strides made by Salvadorian society to achieve full "national
reconciliation, there still exist data that support the well-founded
suspicion that recourse to violence in order to solve political
differences has not yet been definitively eradicated".

35. The Joint Group made a number of recommendations, including,
in particular, the creation, within the PNC Criminal Investigation
Division, of a special unit for dealing with the phenomenon in
question. The composition of this special unit would have to be
such that it could ensure "much needed confidence among the
various social and political sectors, in addition to technical
efficiency in the performance of its investigatory functions".
In this regard, the Independent Expert wishes to point out that,
in order to generate that confidence, it will be essential to
overcome the problems affecting the PNC Criminal Investigation
Division which have been noted in his earlier reports and are
also mentioned in the current report (see paras. 42, 75 and 76
below).

36. With regard to the functioning of the judicial system,
the Group reiterated the need to "cleanse" the Judiciary
and to adopt, "within a framework of respect for due process
of law and human rights, the necessary legal reforms to provide
a special procedure for those cases in which there come to light
criminal acts involving either alleged political motives or ties
to organized crime". It also suggested "that an appropriate
solution would be to appoint, in accordance with the law, designated
or special judges to try criminal cases of the type in question".

37. In a confidential annex, the Group submitted to the highest
authorities of the State a detailed account of its investigations,
including the names of alleged responsible parties and other information
that would be of use in fuller investigations by the competent
bodies.

C. Enforced or involuntary disappearances

38. In its twelfth report, the ONUSAL Human Rights Division
noted that "It is noteworthy that there have been no enforced
disappearances in El Salvador for over two years". During
the period covered by this report, two complaints of enforced
disappearances were made to ONUSAL, which investigated them, established
in both cases that there had been no disappearances and identified
the whereabouts of the alleged victims.

D. Torture and other cruel, inhuman or degrading treatment
or punishment

39. In its twelfth report, the ONUSAL Human Rights Division
noted that during the period covered by the report, ONUSAL received
two complaints of torture by members of the National Civil Police.
One case is reported to have been substantiated, while investigations
into the other are still continuing.

40. ONUSAL also noted in that report that accusations of ill-treatment
had fallen slightly during 1994 and pointed out that in many cases
of ill-treatment, the victims were also found to have been arbitrarily
detained.

E. Arbitrary detention

41. In its twelfth report, the ONUSAL Human Rights Division
noted that the number of arbitrary detentions recorded represented
a percentage increase over the period covered by its previous
report (twelfth report on the ONUSAL Human Rights Division, March
to June 1994).

F. Administration of justice and right to due process

42. The Independent Expert received complaints about the slow
investigation of homicides by the PNC Criminal Investigation Division
and its routine use of "confidential sources", which
appeared to be an attempt to sidetrack the investigations and
to prevent identification of those who were actually involved
in the cases and were often involved in other criminal activities.

43. The prison system, whose deficiencies are of long standing,
was hit by a serious crisis during the period covered by this
report. Overcrowding, which was largely the result of delays in
the administration of justice, health conditions, food and, in
general, the administrative regime in prisons have created a breeding-ground
for various acts of violence, which led to successive riots that
took a tragic toll. The authorities have expressed their concern
at this situation and have stated their willingness to adopt corrective
measures with the urgency which the situation warrants. This is
an appropriate field for assistance and cooperation, which could
be administered through the Centre for Human Rights.

G. Political rights

44. As already mentioned, general elections were held on 20
March 1994 (see para. 17 above). Favourable conditions have also
been created for the implementation of the necessary reforms of
the electoral system (see para. 80 below).

H. Economic, social and cultural rights

45. According to information received, there was continued
failure to protect economic and social rights during the period
covered by this report. Despite the increase in the minimum wage,
this was not sufficient to meet the basic needs of the population.
Numerous labour disputes broke out as a result of workers' complaints
about low wage levels, the threatened loss of jobs due to the
policy of privatization of State enterprises, and the dismissal
of trade union leaders.

46. The Independent Expert also received complaints about violations
of labour and trade-union rights, particularly in the assembly
firms which operate in El Salvador. Complaints were also received
about ill-treatment, dismissals and even threats against persons
endeavouring to establish trade unions.

47. With regard to the implementation of the agreements concerning
land transfer, and because of the direct relationship between
this question and the causes of the armed conflict which afflicted
the country, execution of the programme has been subject to considerable
delays, not only because of the lack of resources, but also because
of the slow pace of bureaucratic procedures and other complications.
Solutions must be found to this problem.

48. The Legal Support Office of the Archdiocese of El Salvador
submitted a complaint that on 26 September 1994 approximately
1,000 demobilized servicemen, demobilized members of the civil
defence force and cantonal patrols, and members of the Association
of Demobilized Members of the Armed Forces of El Salvador (ADEFAES)
occupied the Legislative Assembly building and took 29 deputies
and officials hostage as a guarantee that they would be allowed
to negotiate their economic and social demands, including demands
for economic incentives for members of the civil defence force
and patrols, such as payment of an indemnity, land adjudication
and participation in reintegration programmes.

49. The Independent Expert also received information about
a non-governmental organization, the "Centre for the Defence
of the Consumer", which has been making a very valuable contribution
to efforts to protect consumers' rights. Since 8 September 1992,
the country has had a Consumer Protection Act, which is based
on the consumer protection guidelines approved by the United Nations
in 1985.

I. Situation of children

50. El Salvador ratified the Convention on the Rights of the
Child on 10 June 1990. In his latest report to the Commission
(E/CN.4/1994/11, paras. 87-89), the Independent Expert stated
that the Committee on the Rights of the Child had considered the
initial report of El Salvador (CRC/C/15/Add.9) at meetings held
on 27 and 28 September 1993. The Committee noted that budget restrictions
affecting social programmes had been detrimental to the protection
of the rights of children, and drew attention to the lack of coordination
between public and private bodies and organizations dealing with
the rights of the child. The Committee on the Rights of the Child
recommended that urgent measures should be adopted for the protection
of children belonging to vulnerable groups, in particular displaced
and refugee children, disabled and homeless children, as well
as children subject to abuse or violence within the family.

51. The Expert received information that the 1994 budget allocation
to the Salvadorian Institute for the Protection of Minors had
been significantly increased but, given the magnitude of child
health problems in El Salvador, the Institute would still have
serious problems in meeting its needs.

52. Within the Office of the National Counsel for the Defence
of Human Rights, an Assistant Counsel for the Defence of the Rights
of the Child has the specific task of protecting the interests
of children in any action taken by public or private authorities
and ensuring effective compliance with the applicable laws. In
its report for the period 15 June 1993 to 15 May 1994, the Office
of the National Counsel for the Defence of Human Rights stated
that its work still required improvement with respect to procedures
for receiving and investigating complaints, which should be such
as to draw attention to widespread wrongful practices involving
violation of the rights of children.

53. The Independent Expert also received information on the
valuable work which the Pro-Búsqueda de los Niños
Association is carrying out in Chalatenango, with the support
of the Chalatenango Human Rights Group. This Association has for
some time now been engaged in searching for children who disappeared
during the war years. From November 1992 to October 1994, the
number of cases submitted for investigation is reported to have
been 78 and, thanks to the Association's searches, 13 children
have been located to date. However, the Independent Expert received
a complaint from the above-mentioned Group about the lack or absence
of cooperation from various State institutions as it pursued its
objective of locating children who had disappeared. This is a
task which deserves the support of the society.

J. Situation of women

54. El Salvador ratified the Convention on the Elimination
of All Forms of Discrimination against Women on 19 August 1981,
but is still not party to other relevant treaties, such as the
Convention on the Political Rights of Women and the Convention
on the Nationality of Married Women.

55. Within the Office of the National Counsel for the Defence
of Human Rights, the post of Assistant Counsel for the Defence
of the Rights of Women has been established. In her report for
the period June 1993 to July 1994, the Assistant Counsel stated
that, since the situation of women had not changed in any substantial
way, there was likely to be a growing trend towards continued
and more frequent violations of their rights. She also reported
that, during the year covered by her report, complaints of sexual
abuse had increased and intra-family violence was becoming more
and more frequent, with the law and the court system providing
little real protection for women. She added that the State should
assume responsibility for the social and legal protection of women
and give effect to the Convention on the Elimination of All Forms
of Discrimination against Women, which El Salvador had acceded
to and ratified. She further stated that none of the main organs
of the State had fully and systematically implemented the Convention,
which meant that the State was guilty of violation of the human
rights of women by omission.

56. On 25 November 1994, the National Counsel for the Defence
of Human Rights submitted to the Legislative Assembly a Prevention
of Family Violence Bill, whose aim was to prevent, control and
eliminate violence in family relations, to provide assistance
to victims and to impose preventive, precautionary or protective
measures on offenders. The Bill was the result of the coordinated
efforts of the National Counsel for the Defence of Human Rights
and various non-governmental organizations engaged in the protection
and promotion of women's rights.

III. INSTITUTIONAL DEVELOPMENTS

57. As has been emphasized in previous reports submitted by
the Independent Expert, in the Peace Agreements as a whole, ways
and means of various kinds are established to ensure effective
observance of human rights and to provide the State with suitable
tools to fulfil effectively its duty towards the population and
towards the international community to respect and safeguard those
rights. The Agreements envisage the establishment or strengthening
of lasting machinery to perform this task, such as the Office
of the National Counsel for the Defence of Human Rights, the National
Civil Police and the judicial system. In earlier reports to the
General Assembly and the Commission, the Independent Expert discussed
in some detail the substance and scope of these Agreements and
would refer to them in matters relating to general consideration
of the subject. The comments which follow try to sum up, within
the limits imposed by the length of this report, some of the main
aspects of the most recent developments in the institutional process
relating to the above-mentioned bodies.

A. Office of the National Counsel for the Defence of Human
Rights

58. In his preceding reports, the Independent Expert stressed
the need to strengthen the capacity for action and credibility
of the Office of the National Counsel for the Defence of Human
Rights. This body has enough constitutional and legal powers to
be able to carry out effective work on the promotion and protection
of human rights.

59. The Office of the National Counsel made its presence more
strongly felt in 1994 than in preceding years. It published reports
on cases brought to its attention and demonstrated independence
from the Government. Its national coverage has increased considerably.
Nevertheless, as the Counsel told the Independent Expert, its
activity has been curtailed by the shortage of material resources,
notably adequate transport in rural areas. The Counsel also complained
about the lack of administrative and financial autonomy of his
Office. For its part, in its twelfth report, the Human Rights
Division of ONUSAL stressed the need for the Office of the National
Counsel, as a national institution with major powers and responsibilities
with regard to the protection and promotion of human rights, "to
pursue its institutional strengthening more vigorously".

60. The Independent Expert expressed to the Counsel his concern
at the perception of the Office by bodies and individuals involved
in the promotion and defence of human rights. At a time when the
end of the mandate of ONUSAL, including its Human Rights Division,
is already in sight, the Office has a very important role to play
in filling the gap left by international verification of due observance
and guarantees of human rights. That role does not end with the
efficient investigation of cases but, as has already been stated
about ONUSAL, comprises the building of confidence in persons
who, for various reasons relating to the now ended armed conflict,
may feel threatened, and serving as a deterrent to any persons
attempting to commit further violations of human rights under
cover of impunity. These psychological effects do not appear to
be fully appreciated by civil society, as the Independent Expert
told the Counsel during his visit to El Salvador in September
1994.

61. The Counsel stated that, to a certain extent, he shared
some of the concern expressed by the Independent Expert and that
his Office, in conjunction with UNDP, had drawn up a special programme
known as the "Reform and strengthening of the Office's system
for the protection of human rights". The programme includes
twice-yearly execution of a project entitled "Strengthening
of the Office's observation, monitoring, analysis and investigation
techniques" (the current period covered runs from 1 September
1994 to 28 February 1995). During his most recent visit to El
Salvador in November 1994, the Independent Expert was told by
the Counsel that that programme was up and running, albeit with
some delays in certain areas.

62. There is, however, still a long way to go as regards confidence-building,
which is essential if the Office is to grow in strength and be
capable of performing its constitutional mission. Again this year,
despite the fact that the Office's activity has obviously expanded
and become more widely known, it has been severely criticized
by non-governmental organizations. Regardless of what their motivation
may be, this fact implies that there is a tragic gap between the
Office and these organizations, whose active cooperation is practically
indispensable if it is to carry out its task effectively.

B. Judicial system

63. The judicial system in El Salvador has been the subject
of repeated comment in earlier reports. Prominent among features
singled out for unfavourable comment were the vertical structure
of the judicial apparatus, its lack of autonomy and independence,
its inefficiency and the relatively unambitious scope of the judicial
reforms included in the Peace Agreements. Nevertheless, in 1994
the judicial system underwent important changes, in the course
of which the mechanisms designed in the peace process operated
satisfactorily and expectations of more far-reaching judicial
reform grew considerably. A brief description of certain significant
developments is given below.

64. The constitutional reform originating from the Mexico City
Agreements amended the method of election of judges to the Supreme
Court of Justice. Competence for this procedure is conferred on
the Legislative Assembly, but appointment requires a qualified
two-thirds majority, unlike the absolute majority provided for
under the previous system. The judges' term of office is now nine
years, which gives them greater independence from a Legislative
Assembly whose mandate is for only three years. In addition, not
all the judges are elected at the same time; one third of them
are replaced every three years. This averts a situation where
membership of the Supreme Court is conditional upon the political
balance existing in the Legislative Assembly at a given point
in time. Lastly, it was further stipulated that the election would
take place on the basis of a list of candidates drawn up by the
National Council of the Judiciary, half of the candidates being
nominated by bodies representing Salvadorian lawyers after a vote
by all those lawyers; the list is also required to reflect the
most significant trends in legal thinking. This reduces the discretionary
political power of the Assembly to select judges and introduces
external controls into the election.

65. Among the subjects which it was not felt necessary to include
within the constitutional reform under the Peace Agreements, but
which were referred for secondary legislation, was the structure
of the National Council of the Judiciary, the organ responsible
for drawing up the lists of candidates for membership of the Supreme
Court and for submitting to this Court the three-person lists
of candidates for judicial posts in the various bodies. A definition
was, however, laid down on a question of principle, namely that
the law should ensure that the composition of the Council "shall
be such as to guarantee its independence from the organs of the
State and from political parties, and its membership shall include
not only judges but also sectors of society not directly connected
with the administration of justice" (Mexico Agreements: Political
agreements for the development of the constitutional reform, A.b.1).
This was nevertheless one of the few cases in which the constitutional
reform ultimately approved by the Legislative Assembly departed
from the Mexico Agreements. Under article 187 of the amended Constitution,
"the members of the National Council of the Judiciary shall
be elected by the Legislative Assembly by the qualified vote of
two thirds of the elected deputies". This provision ran completely
counter to what had been agreed during the negotiations in Mexico,
since it did not ensure the independence of the Council from the
organs of the State and the political parties, but could bring
about precisely the opposite. In fact, if this constitutional
provision had been directly implemented, without legislative restrictions
having previously been set on its scope, it would have been possible
for two or more political forces representing the requisite qualified
majority in the Assembly to share the seats on the Council, with
the result that the "party-oriented" character of justice
would have been accentuated. Given the functions assigned to the
Council under the constitutional reform, such a situation would
have had a devastating effect on judicial reform as a whole. The
new constitutional reform agreed on 29 April 1994 (see para. 16
above) did not amend this point, although it added that dismissal
of members of the Council is also within the competence of the
Legislative Assembly, with the same qualified majority. This latter
amendment, whose final ratification would abolish the competence
to dismiss members of the Council conferred by law on the Supreme
Court, fulfils the recommendation made on this point by the Commission
on the Truth,2/
Report of the Commission on the Truth, Recommendations, para.
I.D.b. 2/ albeit only partially since that recommendation
envisaged the establishment of "specific legal grounds"
for dismissal. The approved reform also takes account of the observations
made by the Independent Expert in his reports to the Commission
on Human Rights at its forty-ninth3/
E/CN.4/1993/11, para. 170. 3/ and fiftieth.

66. In the resumed peace negotiations this danger was noted.
In the Peace Agreements signed at Chapultepec on 16 January 1992,
in other words, after the constitutional reform relating to the
National Council of the Judiciary had come into effect, the Government
and FMLN reaffirmed "that, as already agreed in the Mexico
Agreements, the composition of the National Council of the Judiciary
shall be such as to guarantee its independence from the organs
of the State and from political parties". In the same paragraph
they referred the matter to the National Commission for the Consolidation
of Peace (COPAZ) to prepare the corresponding
preliminary legislative draft.

67. Against this background, in 1992 the new National Council
of the Judiciary Act was approved; it expressly declared the Council
to be an independent organ - a concept which is in conformity
with the Peace Agreements. As regards membership, the Act limited
the powers which the Legislative Assembly would have - if the
Constitution was directly applied - freely to elect the members
of the Council, since it may only choose from among candidates
proposed on lists of different origins: two lawyers chosen from
two three-person lists compiled by the Supreme Court; one second-instance
and one first-instance appeal-court judge, chosen from among the
six most senior judges at these levels; three lawyers elected
by direct, equal and secret ballot by all Salvadorian lawyers;
one lecturer in law nominated by the University of El Salvador;
two lecturers in law nominated by the private universities; and
one member of the Public Prosecutor's Office chosen from among
the persons nominated by the Attorney-General, the Procurator-General
and the National Counsel for the Defence of Human Rights. The
National Council of the Judiciary was elected by consensus, in
accordance with the above-mentioned procedure, and has been performing
its duties since June 1993.

68. When the time came for the election of the new judicial
authorities, the initial impact of the reforms exceeded early
expectations. The country's leaders appear to have realized the
decisive importance of an independent and vigorous system of justice
within a democratic society. Special attention must be focused
on the choice of the new Supreme Court of Justice, the first to
be elected in accordance with the system established in the Peace
Agreements, in which the National Council of the Judiciary played
a decisive part. After several weeks of stagnation and on the
basis of the proposals by the National Council, in 1994 all the
groups represented in the new Legislative Assembly unanimously
elected an independent Supreme Court made up of jurists of recognized
respectability and unaffected by political influence.

This fact, which was seen as an unattainable objective only
a short time ago, has had a positive impact on society as a whole
and has opened up new perspectives of credibility in the peace
process and created optimism about the real possibilities of strengthening
the institutional system for the protection of human rights.

69. The new judicial authorities have announced, among their
first judicial policy measures, the comprehensive reform of the
system, the purging of judges and the granting of priority to
judicial training. They have taken initial steps in this direction.
The Independent Expert heard the concern expressed by various
sectors about what they considered to be the slowness of the purging
process, which, as at the time of drafting this report, has led
to the dismissal of three first-instance judges and one second-instance
appeal-court judge. When told of this concern, the President of
the Supreme Court informed the Independent Expert that the Supreme
Court's desire to cleanse the judicial system was incontrovertible,
but the process was subject to legal proceedings which were somewhat
complicated and caused a certain amount of delay. In order to
overcome this obstacle, the Supreme Court has taken the initiative
of proposing to the Legislative Assembly simple amendments to
the legislation applicable to these proceedings in order to enable
them to be carried out more speedily.

70. Under the terms of the constitutional reform deriving from
the Mexico Agreements and subsequently approved by the Legislative
Assembly, "the Judiciary shall have an annual allotment of
not less than 6 per cent of the ordinary revenue of the State";
this percentage also covers the Public Prosecutor's Office. This
reform has given rise to a further amendment, now under consideration
by the Legislative Assembly, which would reduce this figure to
4 per cent, although the Prosecutor's Office has been guaranteed
a "floor" allocation of 2 per cent. Without prejudice
to the legitimacy of giving the Prosecutor's Office greater financial
autonomy, the Independent Expert cannot refrain from expressing
his concern at budgetary limitations that may affect the Judiciary,
especially in the present situation, when an independent Supreme
Court intends to play a leading role in broad judicial reforms
that will have the support of the advisory services of the Centre
for Human Rights.

71. In his previous reports to the General Assembly and the
Commission on Human Rights, the Independent Expert emphasized
the drawbacks of the vertical structure of the Salvadorian judicial
system, deriving from the Supreme Court's dual status as the highest
court in the land and the administrative head of the Judiciary,
which even included the right to issue authorization to practise
as a lawyer and to disbar lawyers. This adversely affects the
independence of lawyers. Some of the negative consequences of
this structure have been rectified, or at least reduced, by the
functions which the National Council of the Judiciary has been
performing in the procedures for the appointment and dismissal
of judges. In addition, the constitutional reform agreed on 29
April 1994 confers competence to suspend or disqualify lawyers
and notaries on a new body, the National Council of Lawyers and
Notaries. These are appropriate steps to remedy some of the problems
outlined earlier.

C. National Civil Police

72. The National Civil Police (PNC) emerged from the peace
process and is intended to replace the old public security forces
and to be the only armed police force with national jurisdiction.
It has been given responsibility for protecting and safeguarding
the free exercise of the rights and freedoms of individuals, preventing
and combating all types of crime, and maintaining internal peace,
tranquillity, order and public security in both urban and rural
areas. It was conceived as a new force with a new organization,
new officers, new training and education procedures, and a new
doctrine. A transitional regime has been set up whereby one of
the old security forces, the National Police, will continue to
operate until such time as the deployment of the PNC has been
completed.

73. The Government of President Calderón Sol has created,
within the Ministry of the Interior, the post of Deputy Minister
for Public Security, to whom the PNC was made responsible. This
post and that of new Director of the PNC were filled after consultations
aimed at ensuring the greatest possible degree of consensus on
those appointments.

74. In his most recent report to the Commission on Human Rights,
the Independent Expert expressed concern at certain problems detected
in the PNC and in the application of the transitional regime.
One subject of concern was the increase in the number of personnel
in the old National Police, despite the fact that the Peace Agreements
provide for the gradual down-sizing of this force until it is
completely replaced by the PNC. This matter has been resolved,
since President Calderón Sol has ordered the date (March
1995) set for the disbandment of the National Police to be brought
forward to 31 December 1994. He has also ordered the headquarters
of the National Police to be transferred to the PNC; this compares
favourably with what happened with other facilities belonging
to the other disbanded security forces, which remained on the
inventories of the armed forces.

75. The PNC has continued to expand all over the country and
its functional divisions are already operational, although their
activity has yet to reach optimum levels. The Inspector-General
of the PNC has finally been appointed and has the very special
responsibility of overseeing police activities. The appointment
was the outcome of a process of institutional consultation during
which one of the candidates had to be rejected after failing to
secure the approval of the National Counsel for the Defence of
Human Rights.

76. The situation that continues to prevail in the Criminal
Investigation and Anti-Narcotics Divisions is still causing concern.
As the Independent Expert informed the Commission in 1994,on
22 December 1992 agreement was reached on a gradual transition
which would incorporate, subject to evaluation, the staff of the
then existing Commission for the Investigation of Criminal Acts
and Anti-Narcotics Commission into the Criminal Investigation
and Anti-Narcotics Divisions of the PNC. On that occasion he expressed
concern because ONUSAL had not received all the information requested
in order to verify the evaluation of the candidates and had been
unable to verify how such members were being transferred to the
PNC. In view of the background and, in particular, the acts and
omissions of the so-called Commission for the Investigation of
Criminal Acts, which had helped to set the stage for impunity
as described in the report of the Commission on the Truth, this
situation is rather alarming and revives concern that military
influence is being reasserted in the PNC. This concern was repeatedly
expressed to the Independent Expert during his visits to El Salvador,
especially by the NGOs and opposition sectors. Moreover, in his
report of 26 August 1994, the Secretary-General informed the Security
Council of the most important irregularities noted in connection
with those two Divisions.

77. The Independent Expert expressed that concern to the Deputy
Minister for Public Security, who was receptive to his comments.
A new head of the Criminal Investigation Division has been appointed
and his deputy has been dismissed. The Deputy Minister informed
the Independent Expert that, with the discretion and caution required
by such a task, it was planned to undertake a thorough assessment
of the units in question.

78. Concern has also been caused by the not inconsiderable
number of violations of human rights attributable to PNC officers,
including attacks on life and personal integrity and improper
use of firearms. Although such acts are not part of PNC policy,
its senior officials should impose strict disciplinary measures
to prevent the PNC from being diverted from its role as a democratic
and law-abiding police force.

79. Continuing use has been made of the armed forces, as indicated
in the most recent report of the Independent Expert to the Commission
on Human Rights, for the purposes of carrying out internal security
tasks; according to the Constitution, this can be done only in
exceptional circumstances when all other means have failed. In
some cases, the increase in ordinary crime - which nobody disputes
- has been invoked. However, as stated in that report, "it
is not obvious, as the country's history has shown, that military
deployment is the best way of halting the wave of violence. In
any event, if the Government considers that conditions exist to
invoke the constitutional provision which authorizes it in exceptional
circumstances to use the army for public security purposes, it
must avail itself of that provision expressly by means of a legal
act which recites the authority on which it is based and is to
be communicated to the Legislative Assembly, as the Constitution
requires". The armed forces were also called on to deal with
disturbances on the occasion of a bus drivers' strike in the town
of Lolotique, department of San Miguel; as already stated, these
disturbances unfortunately resulted in three fatalities.

D. Electoral system

80. On 30 July 1994 the new Supreme Electoral Tribunal was
elected. Subsequently, on the initiative of the President of the
Republic and as he announced after his election victory, together
with his rival candidate in the second round, the Advisory Commission
for Electoral Reform, which is pluralist in character, was established
with specific responsibility for proposing necessary reforms of
the electoral system. A particularly important task is to ensure
that the electoral rolls or registers are accurate, entirely reliable
and of the highest technical quality, and to issue an appropriate
instrument for the identification of electors on a permanent basis.
The Commission will also discuss and review, inter alia,
proportional representation on municipal councils and voting from
one's home. The Commission has the responsibility of making proposals
and suggestions, which will be submitted, during the next six
months, to the Supreme Electoral Tribunal for review and subsequent
approval by the Legislative Assembly. The time is right since
the next elections will be held in 1997, which means that, together
with the above-mentioned political agreements, work can be done
on the subject free from the pressure of immediate electoral interests.
All the reforms of the electoral system should enter into force
well before the next legislative elections.

IV. CONCLUSIONS

81. An overall assessment reveals positive developments in
the human rights situation in El Salvador, where a number of unacceptable
past practices, such as enforced disappearance, appear to have
been eradicated. However, various manifestations of violence in
society have not been eliminated. While in many cases such acts
are committed by common criminals, they have sometimes taken the
form or appearance of selective social or political violence.
There are no grounds for concluding that the public authorities
participate or act as accessories in these incidents, but this
does not rule out the intervention of individual State officials.
What gives rise to the greatest concern is the failure of efforts,
in the great majority of cases, to identify the culprits and bring
the statutory penalties to bear on them.

82. In this latter respect, the results of the "Joint
Group" give cause for disquiet, as it has concluded that
there is "sufficient evidence pointing beyond a reasonable
doubt to the action of groups and persons who continue at present
to choose the path of violence for achieving political results".
These groups would appear to be closely linked to ordinary criminal
activities, with a high degree of organization, logistics and
support, in some cases, from State officials. This is an extremely
sensitive matter that requires effective and forceful action by
the State.

83. The effects of the termination of the armed conflict on
economic, social and cultural rights continue to be insignificant,
and the agreements reached on them in the peace process have not
yielded the expected fruit. The observed stagnation of action
to implement the agreed provisions relating to land is still a
source of frustration and tension in various sectors of society.
Appreciable progress in this area in the shortest possible time
is a prerequisite for justice and social stability.

84. As the Independent Expert said in his preceding reports,
the Peace Agreements are the result of a massive effort by the
parties to reach an understanding, an effort that also expressed
a profound national aspiration for peace and justice. The form
and content of the Agreements are geared not only to ending the
armed conflict by political means, but also to the national enterprise
of building a new and more democratic society imbued with the
spirit of solidarity, in which untrammelled respect for human
rights is a fundamental means of State action. The nation is thus
offered an extraordinary opportunity for progress.

85. The period covered by the present report has evinced tangible
and significant institutional progress of various kinds. Above
all else, there has been the unanimous election of an independent
Supreme Court of Justice, together with its proclaimed intention
to cleanse and reform the judicial system. The work to be done
in this area is difficult and some of its results may not be immediately
apparent. In other words, although emergency treatment is necessary,
it is not sufficient. Judicial training, the construction of an
academic centre of excellence to enable the training to take place
on a continuous basis, the establishment and modernization of
courts and procedure, and the evolution of a judicial culture,
within the system and also within society as a whole, are irreplaceable
objectives but they cannot be achieved overnight. The building
of a new independent, modern and efficient judicial system requires
sustained implementation measures which go beyond the initial
impact. Only a programme of these dimensions will in the final
analysis guarantee the transformation of the system of justice.
This is an area open to fruitful international cooperation, with
the support of the Centre for Human Rights.

86. Also significant is the holding of the general elections,
which, in addition to having served to elect the Head of State
with a substantial majority in a process whose legitimate result
has not given rise to any objections, have produced a Legislative
Assembly with a pluralist membership. In this Assembly the former
guerrilla forces achieved significant representation, which underlines
their endorsement of the democratic ground rules. The establishment
of the Advisory Commission on Electoral Reform creates an undoubted
opportunity for introducing reforms to perfect the electoral system,
with the participation of all political sectors.

87. Another development that must be regarded as salutary is
the proclaimed intention of the President of the Republic to bring
forward the date of the permanent demobilization and disbandment
of the National Police, the last of the old public security forces
operating as such. On the other hand, concern is aroused by the
various abnormalities which have been observed in the National
Civil Police; they have already been mentioned in this report
and appear to show that symptoms of military influence in police
matters still exist. The PNC must not deviate from the concept
of a democratic, modern police force, integrated within civil
society and not ranged against it. In addition, the action of
the armed forces in the area of public security has again in 1994
been inconsistent with the substantive and formal requirements
laid down by the Constitution.

88. The Office of the National Counsel for the Defence of Human
Rights is called upon to perform a central role in promoting and
safeguarding those rights now and in the future. The task of supporting
and strengthening the Office must be given priority in terms of
both internal action and international cooperation. It is essential
that it should improve its relations and work in close contact
with the non-governmental organizations.

89. Some of the recommendations of the Commission on the Truth
are yet to be implemented. Several entail legislative measures,
while others, such as recognition of the binding jurisdiction
of the Inter-American Court of Human Rights, are simply conditional
upon the Government's acceptance of an optional clause in the
Inter-American Convention on Human Rights.

90. Although the institutional progress made is tangible, the
overall picture raises a number of questions about the immediate
future. In particular, ONUSAL, which has been vigorous in its
verification of compliance with the Peace Agreements, especially
with regard to due observance and guarantees of human rights,
is coming to the end of its mandate. The national institutions
which would appear to be ONUSAL's natural successors in performing
the functions it has undertaken since the cessation of the armed
conflict do not seem to be sufficiently mature for all aspects
of that task. Consequently, in various sectors of society, including
those which realize the extent of the progress achieved, concern
and uncertainty also exist about the momentum of the political
process once ONUSAL has terminated its activities in El Salvador.

91. The favourable institutional developments noted during
1994 and the very fact of ONUSAL's departure indicate that the
country is mature enough to proceed from an era in which the activity
of the international human rights bodies was fundamentally geared
to monitoring, verification and supervision, to a new era of technical
assistance and cooperation, in which the international community
will lend its support to the Salvadorian Government and people
with the aim of strengthening their institutions and perfecting
the internal means of safeguarding and promoting human rights.
This is the role that can be performed by the Centre for Human
Rights and the way in which the Independent Expert has interpreted
the mandate which, on the initiative of the Commission on Human
Rights, he received from the Secretary-General of the United Nations.
The recommendations set out below must also be seen in this context.

V. RECOMMENDATIONS

92. The recommendations contained in this report will be of
two types. The first type will be those most directly connected
with the development of the human rights situation and institutions
in El Salvador; the second will relate to the programme of technical
cooperation and advisory services of the Centre for Human Rights
in that country.

A. General recommendations

93. The recommendations of the Joint Group for the Investigation
of Illegal Armed Groups must be implemented as scrupulously as
possible. At stake is the complete eradication of practices that
have embodied the most complete contempt for human life and dignity
and for the respect that a civilized society owes itself. The
special unit responsible for these investigations must be made
up of carefully selected members so as to command the trust, and
possess the human and technical capacities, needed for its sensitive
task.

94. The strengthening of, and support for, the Office of the
National Counsel for the Defence of Human Rights continue to be
immediate and priority goals. In order to achieve them, the material,
technical and human resources set aside by the State for carrying
out its tasks under the Constitution must be concentrated on the
Office of the National Counsel. The Government must cooperate
with the Office for this purpose. It is essential that relations
between the Office and non-governmental organizations should be
improved.

95. It is essential that, within the time-limits entailed by
this task, the effects of the cleansing of the judicial system
should be felt as soon as possible and that programmes for reforming
the system should be expedited and executed. The upgrading of
the Judicial Training School must also be effected without delay,
so that it becomes a centre of academic excellence that will fulfil
its task of: ensuring the continuing improvement of the professional
training of judges and other judicial officials, and that of staff
members of the Office of the Attorney-General of the Republic,
investigating the country's judicial problems and promoting solutions
to them; and fostering a stronger sense of solidarity among judges
and a coherent overall vision of the functioning of the Judiciary
in a democratic State.

96. Special attention must be given to the performance of the
National Civil Police in accordance with the model that resulted
from the Peace Agreements, as a new force, with a new doctrine,
separate from the armed forces. A careful check and strict evaluation
must be made of the situation of the Criminal Investigation and
Anti-Narcotics Divisions and their staff. Those members of the
National Civil Police whose behaviour violates human rights must
be dealt with severely. The senior officials of the PNC, and particularly
its Inspector-General, bear a heavy responsibility in this connection.
A democratic police force must be prepared to undergo a purge
at any time whenever that is necessary.

97. The Independent Expert once again strongly urges the Government
of El Salvador, in accordance with the recommendations of the
Commission on the Truth, to recognize the jurisdiction of the
Inter-American Court of Human Rights and to join the community
of Latin American democracies that have already made this commitment,
which is a factor in integration of the democratic standards recognized
in the hemisphere. Argentina, Bolivia, Chile, Colombia, Costa
Rica, Ecuador, Guatemala, Honduras, Nicaragua, Panama, Paraguay,
Peru, Suriname, Trinidad and Tobago, Uruguay and Venezuela have
already done so. In the present situation, when the country is
preparing for the stage when it is no longer the subject of exceptional
international measures for monitoring observance and guarantees
of human rights, it is especially appropriate to emphasize the
advisability and timeliness of recognizing the Court, which is
an ordinary institution provided for in a treaty to which El Salvador
is already a party. In doing so, the Government would be acting
in conformity with the policies it has proclaimed, would provide
the Salvadorian people with another instrument for the defence
of its fundamental rights, and would contribute to the strengthening,
in a spirit of solidarity, of the system of protection of human
rights in the hemisphere and the integration of democratic values
in Latin America.

98. The unmet needs of the majority of Salvadorians regarding
economic, social and cultural rights must be satisfied. The implementation
of the Peace Agreements provides the initial bases for action,
which must be extended. The pace of implementation of those Agreements
must be quickened as a matter of urgency.

99. The non-governmental organizations have done remarkable
work in El Salvador. Their struggles have been arduous and costly,
especially in terms of lives, but also fruitful. Now that special
international monitoring of the country is about to end, these
organizations will have to redouble their efforts, while of course
adapting to the country's new situation. They must be unremitting
in the careful observation of the human rights situation, and
must make the greatest possible effort to use the opportunities
opened up by the peace process and to make effective use of the
institutions that have been established or strengthened for the
purpose of promoting and protecting human rights.

100. The peace process in El Salvador needs greater support
from the international community through the National Reconstruction
Plan or any other appropriate means, especially in the form of
any contribution that may be made to the programme of technical
cooperation and advisory services in the field of human rights
prepared for El Salvador by the Centre for Human Rights. For various
reasons and motives, the international community was interested
in seeing an end to the armed conflict in El Salvador. That interest
should now be redoubled in order to contribute to the eradication
of the causes that gave rise to the conflict.

B. Advisory services

101. On 4 March 1994, at its fiftieth session, the Commission
on Human Rights adopted resolution 1994/62, in which it decided
to extend the mandate of the Independent Expert for one year,
for the purpose of providing advisory services to El Salvador,
and requested the Secretary-General to provide the Government
of El Salvador with any advisory services it might request, through
the Centre for Human Rights. The foregoing makes it clear, firstly,
that the advisory services are the responsibility of the Centre
for Human Rights and that the Independent Expert's role is merely
to "provide" such services, and secondly, that the content
of the services, their duration and the measures to implement
them are outside the Expert's mandate.

102. As stated earlier in this report (para. 7), the Government,
through the Ministry of Foreign Affairs, handed to the Independent
Expert a document entitled "Proposal by the Government of
El Salvador on Advisory Services in the field of Human Rights,
presented to the Independent Expert for El Salvador, Mr. Pedro
Nikken, in September 1994", listing the technical assistance
requirements of the various national human-rights institutions.
The Centre for Human Rights, for its part, with the assistance
of the Independent Expert, prepared a framework programme on technical
cooperation and advisory services in the field of human rights,
which the Expert submitted to the Government of El Salvador.

103. The general objective of the programme is to provide the
Government of El Salvador, pursuant to Commission on Human Rights
resolution 1994/62, with advisory services in the field of human
rights, in order to contribute to the efforts being made by that
Government to ensure the implementation, observance and promotion
of those rights, and to encourage the strengthening of democracy
and the rule of law in El Salvador, bearing in mind the Vienna
Declaration and Programme of Action adopted at the World Conference
on Human Rights in June 1993. The programme also falls within
the context of the Peace Agreements signed by the Government of
El Salvador and the Frente Farabundo Martí para la Liberacion
Nacional (FMLN), and the political, social and economic process
deriving from them; it is aimed at strengthening them and cooperating,
in the relevant areas, in the full achievement of those aspects
that have not yet been completely implemented.

104. The programme will be carried out over an initial period
of two years (1995 and 1996). There will be an annual plan of
work and a mid-term evaluation with the primary objective of reviewing
advisory services priorities and needs in the course of its execution.

105. The programme has several components, which concern the
following areas: strengthening of institutions, legal reforms
and studies, education and training, information and documentation,
support for non-governmental human rights organizations, including
the media, and promotion and protection of the rights of children
and women.

Component "A": Strengthening
institutions

106. The fundamental objective of this component is to provide
advisory services to the relevant national institutions in order
to strengthen them in their task of promoting and protecting human
rights, particularly as regards their capacity to redress violations
of those rights.

Component "B": Legal studies
and reforms

107. In order to supplement the "strengthening institutions"
and "education and training" components, efforts will
be made to promote studies which can be carried out in coordination
with national and international academic institutions or research
centres.

Component "C": Education
and training

108. The objective of this component is to organize training
courses on human rights for officials responsible for tasks of
this nature.

Component "D": Information
and documentation

109. The World Conference on Human Rights reiterated the importance
of disseminating information on human rights. With that in mind,
this component will seek to promote the establishment of a specialized
human rights information and documentation centre. Resources will
be included for preparing pamphlets, bulletins, books and other
publications to promote broad dissemination of the various human
rights instruments.

Component "E": Assistance
to non-governmental organizations and the media

110. The San José Agreement stressed the need for cooperation
between the human rights component of ONUSAL and non-governmental
organizations. The Independent Expert has also called in his reports
for cooperation between the Office of the National Counsel for
the Defence of Human Rights and these organizations.

111. For its part, the World Conference on Human Rights, in
the Vienna Declaration and Programme of Action, recognized the
important role of non-governmental organizations in promoting
all human rights and expressed appreciation for their contribution
to the task of developing public interest in human rights issues,
to the activities of teaching, training and research in this area,
and to the promotion and protection of human rights and fundamental
freedoms.

112. Training programmes will emphasize the use of the various
mechanisms for the protection of human rights, adapted to the
new situation of the country's institutions and the current context
of peace and democracy.

Component "F": Programme
of support for the promotion and protection of the rights of the
child

113. The programme of support for the promotion and protection
of the rights of the child will provide the Government of El Salvador
with the necessary advisory services so that it can fulfil its
obligations under the Convention on the Rights of the Child.

Component "G": Programme
of support for the promotion and protection of the rights of women
from a gender perspective

114. This component falls within the context of the provisions
adopted at the World Conference on Human Rights, which urged that
there should be full and equal enjoyment by women of all human
rights and that this should be a priority for Governments and
for the United Nations. In addition, in the Vienna Declaration
and Programme of Action, the World Conference requested the Centre
for Human Rights to take specific measures in the technical assistance
programme to support Governments in protecting the human rights
of women.

115. The programme is aimed at a wide range of institutions.
Without excluding any of them, the Independent Expert recommends
that priorities should be established, in close cooperation with
the Government and taking into account the contents and conclusions
of this report. In this connection, the Office of the National
Counsel for the Defence of Human Rights, the judicial system,
the National Civil Police and the prison system must be given
priority attention.

116. The relevant budgetary allocations must be made to enable
the programme to operate without setbacks as from its preparatory
phase. The Centre for Human Rights has already taken a number
of steps that should be supported by the Commission and other
relevant United Nations bodies. The Board of Trustees of the Voluntary
Fund for Technical Cooperation in the field of Human Rights, at
its second session held in Geneva from 7 to 10 November 1994,
was informed of the request submitted by the Government of El
Salvador, "Proposal by the Government of El Salvador on Advisory
Services in the field of Human Rights, presented to the Independent
Expert for El Salvador, Mr. Pedro Nikken, in September 1994".
At that session, the Board of Trustees supported the Government's
request and asked the Centre for Human Rights, once the Independent
Expert had considered the request, to submit a project document
containing a programme on technical cooperation for El Salvador
at its following session to be held in Geneva from 13 to 17 February
1995, and to invite the Government of El Salvador to that session,
at which the programme would be considered for financing with
resources from the Voluntary Fund for Technical Cooperation in
the field of Human Rights. If the Board of Trustees deems such
action necessary, the programme will, in addition, be included
in the list of programmes to be submitted to the donors' meeting
to be held in Geneva on 17 February 1995.

117. The programme must be executed in the context of the United
Nations commitments to El Salvador. Specifically, it must be linked
to the proposal contained in the Secretary-General's report to
the Security Council of 31 October 1994 (S/1994/1212), according
to which, before the termination of ONUSAL, he would present to
the Security Council his thoughts on mechanisms by which the United
Nations would provide technical assistance in the fields of human
rights, the Judiciary, the electoral system and reintegration,
especially land transfers. He reiterated in that report that "the
termination of ONUSAL should not mark the end of United Nations
efforts to consolidate peace in El Salvador" (para. 30).
In response to the report, the Security Council adopted resolution
961 (1994) of 23 November 1994, by which inter alia, it
invited the Secretary-General, in consultation with competent
specialized agencies, regional organizations and Member States,
to prepare modalities for further assistance to El Salvador, within
the framework of the Peace Accords, for the period after 30 April
1995. Earlier, in his report to the Security Council on ONUSAL
(S/1994/1000) dated 26 August 1994, the Secretary-General had
indicated to the Security Council that some of the experts presently
with ONUSAL might be retained after the closing of the Mission
in the framework of a broad technical assistance programme to
the relevant national institutions (para. 54).

118. From that perspective, in order to determine the programme
strategy, the Government and the Centre will have to conclude
agreements on appropriate mechanisms for achieving optimum results.
It will be necessary to take into account, in the first place,
the fact that a new stage in relations between El Salvador and
the Centre for Human Rights is now being designed and that its
essential component is cooperation for the purpose of advisory
services and assistance for the country's institutions, in a context
of international cooperation free of the concept of monitoring.
It should also be borne in mind that most of the programme will
be executed after the mandate of ONUSAL's human rights component
has expired, which will remove some of the Centre's support, and
will make it necessary to define the conditions under which advisers
to the institutions covered by the programme will operate, as
well as the programme's execution procedures. A senior official
and a team of high-level experts will, of course, be needed, as
will short-term experts.

119. In this connection, the Independent Expert, having already
requested the views of the relevant authorities, specifically
recommends that the advisory services programme should be administered
in situ by a moderately-sized Centre delegation or mission.
This would be a more useful and practical way of executing the
programme since, in view of the substance of the Governments request,
it would be difficult to manage the whole workload from Geneva.
In addition, this method would emphasize more clearly that cooperation
between the Government, on the one hand, and the Commission and
the Centre, on the other, is continuing but no longer includes
monitoring components.

120. The procedure thus proposed has the additional advantage
of enabling the delegation or mission to El Salvador, at the request
of the relevant institutions, to perform tasks in addition to
those specifically covered in the programme, such as: providing
assistance to the Government for the strengthening, full development
and evaluation of Salvadorian institutions engaged in promoting
and guaranteeing human rights; providing assistance to the Office
of the National Counsel for the Defence of Human Rights; providing
assistance to the Judiciary, in close cooperation with the Supreme
Court of Justice and the National Council of the Judiciary, especially
in matters relating to the Judicial Training School; providing
assistance to the Legislative Assembly, especially as regards
necessary cooperation in the analysis of bills relating to the
effective realization of human rights; providing assistance to
the Ministry of Education, with any technical support it may be
able to obtain, in designing a human rights education programme,
in accordance with the country's needs; and providing assistance
to the non-governmental human rights organizations in order to
enable them to continue adapting their structure and methods of
work to the situation of a democratic society endowed with appropriate
institutions for defending and guaranteeing human rights.

121. This approach would have to be adopted in close coordination
with the mechanisms that the Secretary-General will be proposing
to the Security Council in order to provide additional assistance
to El Salvador after 30 April 1995 and to meet, in whatever manner
may prove appropriate, United Nations commitments under the Peace
Agreements. It must also be seen as part of the plan enunciated
by the Secretary-General, to the effect that the termination of
ONUSAL must not mark the end of United Nations efforts to consolidate
peace in El Salvador. It would thus be one of the most tangible
expressions of the new era beginning in El Salvador, where international
solidarity will continue to be present, no longer to deal with
the consequences of a serious situation regarding the country's
institutions and the need to monitor the human rights situation,
but to cooperate closely with the Salvadorian Government and people
in the consolidation of the peace they have won and in the further
improvement of the democratic institutions with which they have
endowed themselves.

122. In his previous reports, the Independent Expert has stressed
the inescapable link between lasting, substantial and irreversible
progress in the due observance and safeguarding of human rights
and implementation of the Agreements, which must be reflected
in the model of society developed during the negotiations. The
institutional progress described in this report favourably reflects
the same idea. The quest for peace has taken on an historic dimension;
it no longer belongs to those who designed and negotiated it,
but is now the common heritage of the Salvadorian people. In this
new stage, the Government and the FMLN, as signatories of the
Agreements, and civil society, for which they are intended, have
made a lasting commitment to continue to implement them scrupulously.
El Salvador has been the scene of one of the most important United
Nations efforts to achieve peace, democratization, national reconciliation
and untrammelled observance of human rights. It has been a shared
effort by the international community and the Salvadorian Government
and people. This task, in the midst of the difficulties which
have been encountered - and very often overcome, has had many
successes and achievements. The effort must continue, to the extend
appropriate at the current time. United Nations support, as part
of a programme of cooperation and technical assistance, is still
necessary in El Salvador. Finally, given the distressing conditions
which exist in several regions of the world, it is gratifying
to be able to show that fruitful international solidarity is continuing
in an effort to achieve due respect for and promotion of human
dignity.